THE LIVE LOCAL ACT OF 2023 Senate Bill 102 by Senator Alexis Calatayud Section-by-Section Summary EMBARGOED UNTIL SB 102 IS FILED
Section 1: “Live Local” short title
Sections 2 and 6: Rent Control Prohibited Removes provision in current law allowing local governments to impose rent control under certain circumstances (i.e., finding of a housing emergency, voter approval, etc.). This change forbids rent control under all circumstances. Section 3: County Approval of Affordable Housing Preempts counties on zoning, density, and height for certain multi-family developments in commercial areas with an affordable housing component. o A proposal to construct multi-family or mixed-use residential project in an area zoned for commercial or mixed-use may not require a zoning change or comprehensive plan amendment if developer commits to set aside at least 40% of the units as affordable for at least 30 years and serve incomes up to 120% AMI (approximately $94,000 for a family of four). o County density and height restrictions for these projects is based on maximum limits of nearby developments. o Such projects must satisfy all other requirements for multi-family developments (i.e., setbacks, parking, etc.) and are subject to an administrative approval process, which does not require full governing body approval. o County must consider reducing parking requirements for these developments if located within one-half mile of a major transit stop. o Sunsets 2033. Removes ability for counties to bypass state and local laws to approve affordable housing in residential areas, but preserves this ability for commercial and industrial areas. Allows bypass provision to apply to SAIL deals, which current law prohibits.
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